HAR §12-27-42
HAR §12-27-42. Hearing
Cite as Haw. Code R. § 12-27-42
(a) Any hearing under this
subchapter shall be held in accordance with chapter
91, HRS.
(b) All parties shall be given written notice of
hearing by registered or certified mail with return
receipt requested at least fifteen days before the
hearing.
(c) The parties shall be present at the hearing,
and shall be allowed to call, examine, and cross-
examine witnesses, and introduce papers, documents, or
other evidence, in person or by counsel.
(d) At the discretion of the hearings officer,
any other person may be allowed to participate, in
person or by counsel, for the purposes and to the
extent that the hearings officer shall determine.
(e) Witnesses at the hearing shall be examined
orally, under oath or affirmation, and a record of the
proceedings shall be made by the hearings officer.
The hearings officer or a person designated by the
hearings officer may administer oaths or affirmations
at the hearing.
(f) The hearings officer may continue a hearing
from day to day or adjourn it to a later day or to a
different place by announcement thereof at the hearing
or by appropriate notice to all parties. The hearings
officer may also continue a hearing upon request of
any party. At the discretion of the hearings officer,
a hearing may be reopened.
(g) If the employer or employer’s representative
is absent without notice, the hearings officer shall
base the decision on the available evidence.
[Eff 2/3/05 ] (Auth: HRS §398-11) (Imp: HRS
§§91-9.5, 398-9, 398-24)